99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5019
 
Introduced , by Rep. Brandon W. Phelps
 
SYNOPSIS AS INTRODUCED:



New Act

 Creates the Small Wireless Facilities Deployment Act. Provides that an authority, defined as a city, village, incorporated town, township, or county and each department or agency thereof, may not prohibit or regulate the collocation of small wireless facilities or small facility networks. Provides that small wireless facilities and small facility networks shall be a permitted use in all authority zoning districts. In provisions concerning building, electrical, and public use permits, provides that an authority may: require a person to obtain permits for the collocation of small wireless facilities and small facility networks to the same extent permits are required for other construction, activity, and uses; not require applicants to provide information not required of other applicants; not require an application fee greater than the amount charged to other telecommunications providers. Sets out fee exemptions and fee limits related to collocating small wireless facilities and small facility networks.



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A BILL FOR
 


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1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the Small 
5Wireless Facilities Deployment Act.

6 Section 5. Legislative intent. Small wireless facilities 
7will be critical to delivering wireless access to advanced 
8technology and information to homes, businesses, and schools in 
9Illinois. To ensure that small wireless facilities may be 
10deployed efficiently and cost-effectively, the General 
11Assembly is enacting this Act, which specifies how local 
12authorities may regulate the collocation of small wireless 
13facilities and small facility networks.

14 Section 10. Definitions. As used in this Act:

15 "Antenna" means communications equipment that transmits or 
16receives electromagnetic radio signals used in the provision of 
17any type of wireless communications services.

18 "Authority" means a city, village, incorporated town, 
19township, or county and each department or agency thereof.

20 "Collocation" or "collocate" means the mounting, 
21installation, maintenance, operation, or modification of 
22wireless facilities on an existing tower, building, utility 
 
 
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1pole, water tower, or other structure.

2 "Small facility network" means a collection of 
3interrelated small wireless facilities designed to deliver 
4wireless service.

5 "Small wireless facilities" means wireless facilities that 
6meet both of the following qualifications: (i) each antenna is 
7located inside an enclosure of no more than 6 cubic feet in 
8volume or, in the case of an antenna that has exposed elements, 
9the antenna and all of its exposed elements could fit within an 
10imaginary enclosure of no more than 6 cubic feet; and (ii) all 
11other wireless equipment associated with the structure is 
12cumulatively no more than 28 cubic feet in volume. The 
13following associated equipment is not included in the 
14calculation of equipment volume: electric meter, concealment, 
15telecommunications demarcation box, ground-based enclosures, 
16back-up power systems, grounding equipment, power transfer 
17switch, cut-off switch, and vertical cable runs for the 
18connection of power and other services.

19 "Wireless facilities" means equipment at a fixed location 
20that enables wireless communications between user equipment 
21and a communications network, including: (i) equipment 
22associated with wireless communications services such as 
23private, broadcast, and public safety services, as well as 
24unlicensed wireless services and fixed wireless services such 
25as microwave backhaul; and (ii) radio transceivers, antennas, 
26coaxial or fiber-optic cable, regular and backup power 
 
 
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1supplies, and comparable equipment, regardless of 
2technological configuration.


3 Section 15. Regulation of small wireless facilities and 
4small facility networks. 
5 (a) Except as provided in this Section, an authority may 
6not prohibit or regulate the collocation of small wireless 
7facilities or small facility networks.

8 (b) Small wireless facilities and small facility networks 
9shall be a permitted use in all authority zoning districts.

10 (c) An authority may require a person to obtain building, 
11electrical, and public way use permits for the collocation of 
12small wireless facilities and small facility networks to the 
13same extent those permits are required for other construction, 
14activity, and uses. Applicants seeking collocations may not be 
15required to provide information not required of other 
16applicants. Any application fee shall not exceed the amount 
17charged to other telecommunications providers. An authority 
18shall permit an applicant to request and receive a single 
19building, electrical, or public way use permit for a small 
20wireless facilities network. An authority may not charge a 
21person for collocating small wireless facilities and small 
22facility networks on structures along, across, upon, or under a 
23public street, road, highway, or right of way.

24 An authority shall process permits authorized under this 
25subsection (c) on a nondiscriminatory basis. An application 
 
 
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1shall be deemed approved if the authority fails to approve or 
2disapprove the application within 30 days. This period may be 
3tolled to accommodate timely requests for information required 
4to complete the application or may be extended by mutual 
5agreement between the authority and the applicant.

6 (d) An authority may not charge to collocate small wireless 
7facilities and small facility networks on structures owned or 
8controlled by the authority if the authority does not charge 
9other commercial entities to occupy or use similarly situated 
10property. If an authority charges to collocate small wireless 
11facilities and small facility networks on structures owned or 
12controlled by the authority, it may not charge more than the 
13lesser of: (1) the amount it charges other commercial entities 
14for the same amount of space; (2) the projected cost to the 
15authority resulting from the collocation; or (3) $1,000 
16annually.


17 Section 20. Home rule. A home rule municipality may not 
18prohibit or regulate small wireless facilities and small 
19facility networks in a manner inconsistent with this Act. This 
20Act is a denial and limitation of municipal home rule powers 
21and functions under subsection (i) of Section 6 of Article VII 
22of the Illinois Constitution.